registration of their Trade Mark
"WHIRLPOOL" to the Registrar of the Trade Marks under the
Trade Marks Act, 1940 , which has since been ... existing
registration.
(3)A trade mark registered as a defensive trade
mark and that trade mark as otherwise registered in the name
of the same
registration of their Trade Mark
"WHIRLPOOL" to the Registrar of the Trade Marks under the
Trade Marks Act, 1940 , which has since been ... existing
registration.
(3) A trade mark registered as a defensive trade
mark and that trade mark as otherwise registered in the name
of the same
trade mark shall, if valid, give to the registered proprietor of the trade mark the exclusive right to the use of the trade mark ... respect of which the trade mark is registered and to obtain relief in respect of infringement of the trade mark in the manner provided
with the earlier trade mark. (2) A trade mark which— (a) is identical with or similar to an earlier trade mark ... earlier trade mark. (6) The Registrar shall, while determining whether a trade mark is a well-known trade mark, take into account any fact which
trade mark is questioned, etc.—
(1) Where in any suit for infringement of a trade mark— (a) the defendant pleads that registration of the plaintiff ... allow, the issue as to the validity of the registration of the trade mark concerned shall be deemed to have been abandoned and the court
established practices of the trade, shall not be registered : Provided that a trade mark shall not be refused registration if before the date of application ... well-known trade mark. (2) A mark shall not be registered as a trade mark if— (a) it is of such nature as to deceive
trade-mark 'Dristan'. It
got the trade mark 'Dristan' registered as a distinctive
trade mark in the Trade Marks Register ... trade mark 'Dristan' was not
distinctive mark and/or was not registerable trade
mark under s.6 of the Trade Marks
which a trade mark is proposed to be registered, means adapted to distinguish goods with which the proprietor of the trade mark ... registration. (4) A trade mark shall not be registered in Part B of the register unless the trade mark in relation to the goods
Section 18 in The Trade Marks Act, 1999
18. Application for registration.—
(1) Any person claiming to be the proprietor of a trade mark used ... writing to the Registrar in the prescribed manner for the registration of his trade mark. (2) A single application may be made for registration
original registration of the trade mark and of all subsequent assignments and transmissions of the trade mark shall be prima facie evidence of the validity ... registered trade mark shall not be held to be invalid on the ground that it was not a registrable trade mark under section 9 except